TITLE 13. Zoning CHAPTER 1. Zoning Code

Transcription

1 TITLE 13 Zoning Chapter 1 Chapter 2 Chapter 3 Zoning Code Floodplain Zoning Shoreland-Wetland Zoning CHAPTER 1 Zoning Code Article A Introduction Authority Title General Purpose Intent and Purposes in View Abrogation and Greater Restrictions Interpretation Severability and Non-liability Repeal and Effective Date Reserved for Future Use Article B General Provisions Jurisdiction and General Provisions Use Regulations Site Regulations Modifications Reduction or Joint Use Screening and Fencing Requirements Notice of Zoning Amendment through Reserved for Future Use Article C Zoning Districts Establishment of Districts Vacation of Streets; Annexations Zoning Map Rules for Interpretation of District Boundaries R-1 Rural Single-Family Residential District R-2 Single-Family Residential District R-3 Two-Family Residential District R-4 Multi-Family Residential District 13-1

2 PN Planned Neighborhood District Repealed B-1 Business or Professional Offices District B-2 General Business District CB Central Business District B-3 Highway Business District L-I Light Industrial District H-I Heavy Industrial District A- Agricultural District C- Conservancy District R-MH Mobile Home District SU Special Use District Article D PUD Planned Unit Development Procedures Purpose of the Planned Unit Developments Physical Requirements for Planned Unit Developments Criteria for Approval Procedural Requirements for Planned Unit Developments through Reserved for Future Use Article E Conditional Uses Statement of Purpose - Conditional Uses Authority of Plan Commission; Requirements Initiation of Conditional Use Application for Conditional Use Hearing on Application Notice of Hearing on Application Standards - Conditional Uses Denial of Application for Conditional Use Permit Appeals Conditions and Guarantees Validity of Conditional Use Permit Complaints Regarding Conditional Uses; Revocation of Permit Bed and Breakfast Establishments Home Occupations Construction Standards for Wireless Telecommunications Towers and Antennas Detached Heating System through Reserved for Future Use Article F Nonconforming Uses, Structures and Lots 13-2

3 Existing Nonconforming Uses and Structures Abolishment or Replacement Existing Nonconforming Structures Changes and Substitutions through Reserved for Future Use Article G Traffic Visibility, Loading, Parking and Access Traffic Visibility Triangle Loading Requirements Parking Requirements Highway Access through Reserved for Future Use Article H Signs and Billboards Purpose of Sign and Billboard Regulations Signs and Billboards - Definitions Sign Permit Required Signs Excepted Signs Permitted Prohibited Signs Dangerous and Abandoned Signs and Billboards Variances or Exceptions Construction and Maintenance Regulations for Signs Specific Requirements Nonconforming Signs Wind Pressure and Dead Load Requirements Penalty through Reserved for Future Use Article I Performance Standards - Industrial Developments Article Intent Vibration External Lighting Particulate Emissions Visible Emissions Hazardous Pollutants through Reserved for Future Use Article J Signal Receiving Antennas, Wind Energy Systems 13-3

4 Wireless Telecommunications Towers and Antennas Wind Energy Systems Solar Energy Conversion Systems through Reserved for Future Use Article K Accessory Uses and Structures; Fences Accessory Uses or Structures Outside Storage of Firewood Fences Swimming Pools Keeping of Chickens through Reserved for Future Use Article L Mobile Homes Intent - Where Mobile Home Districts Permitted Definitions Minimum Dimensional Requirements for R-MH Districts and for Individual Mobile Home Communities; Minimum Number of Lots or Spaces Permitted and Permissible Uses and Structures Mobile Home Park Site Plan Review Standard Requirements for Mobile Home Parks, Additions or Extensions Operation of Mobile Home Parks; Responsibilities of Park Management Responsibilities and Duties of Mobile Home Park Occupants Additional Regulations on Mobile Homes and Mobile Home Parks Compliance with Plumbing, Electrical and Building Ordinances Limitations on Signs Common Recreational Facilities Standards for General Site Planning for Mobile Home Communities through Reserved for Future Use Article M Administration General Administrative System Zoning Administrator Role of Specific City Officials in Zoning Administration Site Plan and Design Approval Fees 13-4

5 Violations and Penalties through Reserved for Future Use Article N Changes and Amendments to the Zoning Code Authority Initiation of Changes or Amendments Procedure for Changes or Amendments Protest through Reserved for Future Use Article O Appeals Appeals to the Zoning Board of Appeals Hearing on Appeals Decisions of Board of Appeals Variations Review by Court of Record through Reserved for Future Use Article P Definitions Definitions ARTICLE A Introduction SEC AUTHORITY. This Chapter is adopted under the authority granted by Wis. Stat (7) and and amendments thereto. State Law Reference: Wis. Stat (7). SEC TITLE. This Chapter shall be known as, referred to and cited as the "Zoning Code, City of Plymouth, Wisconsin" and is hereinafter referred to as the "Code" or "Chapter." SEC GENERAL PURPOSE. 13-5

6 The purpose of this Chapter is to promote the comfort, health, safety, morals, prosperity, aesthetics, and general welfare of the people of the City of Plymouth, Wisconsin. SEC INTENT AND PURPOSES IN VIEW. The general intent and purposes in view of this Chapter are to regulate and restrict the use of all structures, lands and waters and to: (a) Promote and protect the comfort, public health, safety, morals, prosperity, aesthetics and general welfare of the people; (b) Divide the City into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business, and manufacturing and other specified uses; (c) Protect the character and the stability of the residential, business, manufacturing and other districts within the City and to promote the orderly and beneficial development thereof; (d) Regulate lot coverage, the intensity of use of lot areas and the size and location of all structures so as to prevent overcrowding and to provide adequate sunlight, air, sanitation, and drainage; (e) Regulate population density and distribution so as to avoid sprawl or undue concentration and to facilitate the provision of adequate public services, utilities and other public requirements; (f) Regulate parking, loading, and access so as to lessen congestion in and promote the safety and efficiency of streets and highways; (g) Secure safety from fire, panic, flooding, pollution, contamination, and other dangers; (h) Stabilize and protect existing and potential property values and encourage the most appropriate use of land throughout the City; (i) Preserve and protect the beauty of the City of Plymouth; (j) To prohibit uses, buildings, or structures incompatible with the character of development or intended uses within specified zoning districts; 13-6

7 (k) To provide for the elimination of nonconforming uses of land, buildings, and structures which are adversely affecting the character and value of desirable development in each district; (l) Prevent and control erosion, sedimentation, and other pollution of the surface and subsurface waters; (m) Further the maintenance of safe and healthful water conditions; (n) Prevent flood damage to persons and property and minimize expenditures for flood relief and flood control projects; (o) sites; Provide for and protect a variety of suitable commercial and industrial (p) Protect the traffic-carrying capacity of existing and proposed arterial streets and highways; (q) Implement those municipal, county, watershed, and regional comprehensive plans or components of such plans adopted by the City of Plymouth; (r) Provide for the administration and enforcement of this Chapter; and to provide penalties for the violation of this Chapter. SEC ABROGATION AND GREATER RESTRICTIONS. It is not intended by this Chapter to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations, or permits previously adopted or issued pursuant to law. However, whenever this Chapter imposes greater restrictions, the provisions of this Chapter shall govern. SEC INTERPRETATION. In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be construed to be a limitation or repeal of any other power now possessed by the City of Plymouth. SEC SEVERABILITY AND NON-LIABILITY. (a) If any section, clause, provision, or portion of this Chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter shall not be affected thereby. 13-7

8 (b) If any application of this Chapter to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land, or water not specifically included in said judgment. (c) The City does not guarantee, warrant, or represent that only those areas designated as Woodlands will be subject to periodic inundation and hereby asserts that there is no liability on the part of the Common Council, its agencies or employees for any flood damages, sanitation problems, or structural damages that may occur as a result of reliance upon and conformance with this Chapter. SEC REPEAL AND EFFECTIVE DATE. All other ordinances or parts of ordinances of the City inconsistent or conflicting with this Chapter, to the extent of the inconsistency or conflict only, are hereby repealed. SEC RESERVED FOR FUTURE USE. ARTICLE B General Provisions SEC JURISDICTION AND GENERAL PROVISIONS. (a) Jurisdiction. The jurisdiction of this Chapter shall apply to all structures, lands, water, and air within the corporate limits of the City of Plymouth. The provisions of this Chapter shall be held to be the minimum requirements for carrying out the intent and purpose of this Chapter. (b) Compliance. No new structure, new use of land, water, or air or change in the use of land, water, or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without full compliance with the provisions of this Chapter and all other applicable local, county, and state regulations. (c) District Regulations to be Complied With. Except as otherwise provided, the use and height of buildings hereafter erected, converted, moved, enlarged, or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such building or land is located. (d) Yard Reduction or Joint Use. 13-8

9 (1) No lot, yard, parking area, building area, or other space shall be reduced in area or dimension so as not to meet the provisions of this Chapter. No part of any lot, yard, parking area, or other space required for a structure or use shall be used for any other structure or use. (2) No yard or other open space allocated to a structure or parcel of land shall be used to satisfy yard, other open spaces, or minimum lot area requirements for any other structure or parcel. (e) Lots Abutting More Restrictive District. Any side yard, rear yard, or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the two (2) districts which abut the district boundary line. (f) Relationship with Other Laws. Where the conditions imposed by any part of this Chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this Chapter or any other laws, ordinances, resolutions, rules, or regulations of any kind, the regulations which are more restrictive (or impose higher standards or requirements) shall be enforced. SEC USE REGULATIONS. Only the following uses and their essential services may be allowed in any district: (a) Permitted Uses. Permitted uses, being the principal uses, specified for a district. (b) Accessory Uses. Accessory uses and structures as specified are permitted in any district but not until their principal structure is present or under construction. (c) Conditional Uses. (1) Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing, and approval by the Plan Commission in accordance with Article E of this Chapter excepting those existent at time of adoption of the Zoning Code. (2) Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s), or establishment of new conditional use(s) shall require review, public hearing, and approval by the Plan Commission in accordance with Article E of this Chapter. 13-9

10 (3) Conditional uses authorized by the Plan Commission may be established for a period of time to a time certain or until a future happening or event at which the same shall terminate. (4) Conditional uses authorized by the Plan Commission shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without Plan Commission approval and the procedures required in Article E of this Chapter. (d) Classification of Unlisted Uses. Any use not specifically listed as a permitted use or a conditional use in the districts established in Section shall be considered to be prohibited except as may be otherwise specifically provided hereinafter. In case of question as to the classification of an unlisted use, question shall be submitted to the Plan Commission for determination, in accordance with the following procedure: (1) Application. Application for determination for classification of an unlisted use shall be made in writing to the Zoning Administrator and shall include a detailed description of the proposed use and such other information as may be required by the Plan Commission to facilitate the determination. (2) Investigation. The Plan Commission shall make or have made such investigations as it deems necessary in order to compare the nature and characteristics of the proposed use with those of the uses specifically listed in the Chapter and to recommend its classification. (3) Determination. The determination of the Plan Commission shall be rendered within sixty (60) days from the application and shall include conclusion. The Commission shall determine if the stated use is a permitted use, conditional use or prohibited use in one (1) or more of the districts established in Section (4) Effective Date of Determination. At the time of this determination of the classification of the unlisted use by the Plan Commission, the classification of the unlisted use shall become effective. (e) Prohibited Uses. (1) No required side yard or front yard in any district shall be used for storage or for the conducting of business. (2) No required side yard or front yard in any Residence District shall be used for open parking or storage of trucks, trailers, boats, recreational vehicles, machinery, or unlicensed automobiles

11 SEC SITE REGULATIONS. (a) Street Frontage. All lots shall abut upon a public street or other officially approved means of access, and shall comply with the minimum frontage requirements of the zoning district in which located, but no lot shall be less than eighty (80) feet in frontage, unless any such lot is provided with access to a public street by means of an approved privately owned road or driveway permitted in accordance with the procedures set forth in Section (e). (b) Principal Structures. All principal structures shall be located on a lot. Except in the case of planned unit developments, no lot in the R-1, R-2, R-3 zoning districts shall have more than one (1) principal building. The Plan Commission may permit as a planned unit development more than one (1) principal structure per lot in any district where more than one (1) such structure is needed for the orderly development of the parcel. Where additional structures are permitted, the Plan Commission may impose additional yard requirements, landscaping requirements, or parking requirements, or require a minimum separation distances between structures. (c) Dedicated Street. All streets shall abut a public street or approved private road or way which is constructed to applicable standards. No building permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required Dedication has not been secured. (d) Lots Abutting More Restrictive Districts. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The street yard setbacks in the less restrictive district shall be modified for a distance of not less than sixty (60) feet from the more restrictive district boundary line so such street yard setbacks shall be no less than the average of the street yards required in both districts. (e) Site Suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Common Council, upon the recommendation of the Plan Commission, by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The Plan Commission, in applying the provisions of the Section, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the Plan Commission may affirm, modify, or withdraw its determination of unsuitability when making its recommendation to the Common Council

12 (f) Preservation of Topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than one and one-half (1-1/2) horizontal to one (1) vertical, within a distance of twenty (20) feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the Common Council, upon the recommendation of the Plan Commission, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion. (g) Decks; Porches. For purposes of this Chapter, porches shall be considered a part of a building or structure, while decks shall be considered as an accessory use. (h) Vacated Streets. Whenever any street, alley, easement or public way is vacated by official action, the zoning district abutting the centerline of the said vacated area shall not be affected by such proceeding. (i) Platting. All buildings hereafter erected upon unplatted land shall be so placed that they will not obstruct proper street extensions or other features of proper subdivision and land platting. (j) Dwelling Units. No cellar, basement or unfinished home, garage, tent, trailer or accessory building shall, at any time, be used as a dwelling unit, except mobile homes located in an approved mobile home park. Basements shall not be used as dwelling units, except where specifically designed for such use through proper damp-proofing, fire-protecting walls and other requirements as may be imposed by the building and housing codes. (k) Stormwater Detention Areas. Stormwater control detention/retention related uses shall be permitted in all zoning districts subject to the review and approval of the Plan Commission with recommendation from the Director of Public Works. (l) Temporary Uses. Temporary uses such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure may be permitted by the Plan Commission. SEC MODIFICATIONS. (a) Height. The district height limitations stipulated elsewhere in this Chapter may be exceeded, but such modification shall be in accord with the following: 13-12

13 (1) Architectural Projections, such as spires, belfries, parapet walls, cupolas, domes, flues, and chimneys are exempt from the height limitations of this Chapter. (2) Special Structures, such as elevator penthouses, gas tanks, grain elevators, scenery lots, radio and television receiving antennas, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations, and smoke stacks are exempt form the height limitations of this Chapter. (3) Essential Services, utilities, water towers, electric power, and communication transmission lines are exempt from the height limitations of this Chapter. (4) Communication Structures, such as radio and television transmission and relay towers, aerials, and observation towers shall not exceed in height three (3) times their distance from the nearest lot line. (5) Public or Semipublic Facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries, governmental offices, and stations are increased not more than one (1) foot for each foot the structure exceeds the district's maximum setback requirement. (b) Yards. The yard requirements stipulated elsewhere in this Chapter may be modified as follows: (1) Architectural Projections, such as chimneys, flues, sills, eaves, belt courses, ornaments, or landings may project onto any required yard not greater than two (2) feet, and unroofed stoops and fire escapes may project onto any required yard not greater than four (4) feet. (2) Essential Services, utilities, electric power, and communication transmission lines are exempt from the yard and distance requirements of this Chapter. (3) Landscaping and Vegetation are exempt from the yard requirements of this Chapter, excepting however that all tree plantings after February 1, 2004, shall be set back a minimum of six (6) feet from the public right-of-way line. (c) Average Building Setbacks. In Residential Districts, except for corner lots, required setbacks shall be modified in the following cases: Where fifty percent (50%) or more of the frontage on a block is occupied by residences having setbacks less than that required by this Chapter, setback on each remaining lot shall be determined by the following rule. The front building 13-13

14 line of a proposed structure shall be no nearer the front lot line than a line joining adjacent front corners of the nearest principal structures which are in the same block frontage on either side of the proposed structure. If, on a block frontage, no principal structure exists to one side of a proposed structure, a structure may be assumed to exist on the corner lot which conforms to the minimum setback and side yard width requirements of this Chapter. (d) Special Exceptions. Special exceptions may be granted from the terms of this Zoning Code by the Common Council or Plan Commission where enforcement of the strict terms thereof are deemed inappropriate to the circumstances, including specific exceptions by site plans approved under Sec SEC REDUCTION OR JOINT USE. No lot, yard, parking area, building area, or other space shall be reduced in area or dimensions so as not to meet the provisions of this Chapter. No part of any lot, yard, parking area, or other space required for a structure or use shall be used for any other structure or use. SEC SCREENING AND FENCING REQUIREMENTS. Screening or fencing as required by this Chapter shall be subject to the following provisions: (a) Approval Required. Any use or conditional use listed in this Chapter requiring screening or fencing shall be permitted only when authorized by the City and subject to its approval of a screening or fencing plan for that particular use. (b) Objective. Planting or other suitable screening including fences or freestanding walls shall be required where deemed necessary for screening for enclosure purposes by the City, such as around outdoor storage yards and industrial property lines, salvage yards, refuse disposal sites, quarries and mines, mobile home parks, and trailer camps. Such provisions shall be required to the extent needed to provide for: (1) Screening of objectionable views. (2) Adequate shade. (3) Enclosure of storage materials. (4) Public health and safety. (5) A suitable setting for the particular use and other facilities. (c) Extent

15 (1) Screen Planting. Adequate to screen objectionable views effectively within a reasonable time; in some cases temporary screening devices may be required until suitable screen planting can be achieved. (2) Other Planting. For mobile home parks and trailer camps, other planting should be adequate in size. Quantity and character to provide an attractive setting for the mobile homes, trailers, and other improvements, to provide adequate privacy and pleasant outlooks for living units, to minimize reflected glare, and to afford summer shade. (3) Existing Planting. Acceptable as required planting to the extent that it is equivalent, suitable, and preserved in good condition. (4) Fences and Walls. Appropriately designed for the function intended and shall be substantially constructed to withstand conditions of soil, weather, and use. (5) Proper Maintenance Required. All screening, fences, and walls required by this Chapter shall be maintained so as not to provide an objectionable view by themselves. (d) Required Buffer Strips in Industrial Districts. Where an Industrial District abuts a Residential District, there shall be provided along any rear, side or front line, coincidental with any Industrial-Residential boundary, a buffer strip not less than thirty (30) feet in width, as measured at right angles to said lot line. Plant materials at least six (6) feet in height, of such variety and growth habits as to provide a year-round effective visual screen when viewed from the Residential District, shall be planted within the exterior twenty-five (25) feet abutting the Residential District. If the required planting screen is set back from the Industrial-Residential boundary, the portion of the buffer strip facing the Residential District shall be attractively maintained. The exterior twenty-five (25) feet of the buffer strip shall not be devoted to the parking of vehicles or storage of any material or accessory uses. The interior fifteen (15) feet may be devoted to parking of vehicles. SEC NOTICE OF ZONING AMENDMENT. (a) All proposed amendments to this Chapter shall first be submitted to the Plan Commission for its recommendation. A class 2 publication of notice shall precede a public hearing before the Common Council prior to passage. If a proposed amendment shall have the effect of changing the allowable use of any property within the City, such notice shall include either a map showing the property affected by the amendment or a description of the property affected by the amendment and a statement that a map may be obtained from the City Clerk or Common Council

16 (b) The City Clerk shall maintain a list of persons who submit a written request to receive notice of any proposed zoning action that may be taken that affects the allowable use of the person's property. All persons on said list shall be sent a notice which contains a copy of the tentative recommendation, proposed changes to the proposed district plan, and regulations or proposed amendments, the allowable use of which may be affected by the tentative recommendations or proposed changes or amendments. Such notice shall be sent by mail, or in any reasonable form that is agreed to by the person so requesting. The person requesting such notice shall be required to pay a fee that does not exceed the appropriate cost of providing said notice. SEC THROUGH SEC RESERVED FOR FUTURE USE. ARTICLE C Zoning Districts SEC ESTABLISHMENT OF DISTRICTS. (a) Districts. For the purpose of this Chapter, present and future, provision is hereby made for the division of the City of Plymouth into the following sixteen (16) basic zoning districts: (1) R-1 Rural Single-Family Residential District (2) R-2 Single-Family Residential District (3) R-3 Two-Family Residential District (4) R-4 Multi-Family Residential District (5) PN Planned Neighborhood District (6) Repealed (7) B-1 Business or Professional Offices District (8) B-2 General Business District (9) CB Central Business District (10) B-3 Highway Business District (11) L-I Light Industrial District (12) H-I Heavy Industrial District (13) A- Agricultural District (14) C- Conservancy District (15) R-MH Mobile Home District (16) SU Special Use District SEC VACATION OF STREETS; ANNEXATIONS. (a) Vacation of Streets. Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts

17 (b) Annexations. Annexations to or consolidations with the City subsequent to the effective date of this Chapter shall be placed in the A Agricultural District, unless the annexation ordinance places the land in another district. Within one (1) year, the Plan Commission shall evaluate and recommend a permanent district classification to the Common Council. SEC ZONING MAP. (a) The revised official zoning map is an integral part of this Chapter. A copy of this map titled "Zoning Map, Plymouth, Wisconsin," together with a copy of this Chapter, shall be available in the Zoning Administrator's office for public inspection during office hours. Any changes in zoning district boundaries shall be recorded on the map. (b) The district boundaries are either streets or alleys unless otherwise shown, and where the designation on the map indicates that the various districts are approximately bounded by a street or alley line, such street or alley line shall be construed to be the district boundary line. (c) The District Boundaries shall be determined by measurement from and as shown on the Official Zoning Map, and in case of any question as to the interpretation of such boundary lines, the Plan Commission shall interpret the map according to the reasonable intent of this Zoning Code. Unless otherwise specifically indicated or dimensioned on the map, the district boundaries are normally lot lines; section, quarter section or sixteenth section lines; or the center lines of streets, highways, railways, or alleys. SEC RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES. Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply: (a) Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines. (b) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. (c) Boundaries indicated as approximately following City boundaries shall be construed as following municipal boundaries. (d) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks. (e) Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed 13-17

18 as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines. (f) Boundaries indicated as parallel to or extensions of features indicated in the preceding shall be so construed. Distances not specifically indicated on the zoning map shall be determined by the scale of the map. SEC R-1 RURAL SINGLE - FAMILY RESIDENTIAL DISTRICT. (Master Plan Reference: Ex-Urban Residential) (a) Permitted Uses. The R-1 District is intended to provide a more spacious residential land use in a rural setting while providing City services. This district will be served by a rural road cross-section, with curb, gutter, and sidewalks not being required. The following uses are permitted: (1) Single family dwellings. (2) Public parks, playgrounds, recreational and community center buildings and grounds, and county fairgrounds. (3) Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create a public or private nuisance. (4) Churches, public and parochial schools, libraries, museums not operated for profit. (5) Governmental buildings not detrimental to the character of the residential area, not including sewage plants, garbage incinerators, warehouses, garages, shops, and junk or storage yards. (b) Lot Requirements. (1) Width. Minimum one hundred twenty-five (125) feet. (2) Lot Area Per Family. Minimum twenty thousand (20,000) square feet; Maximum Two (2) acres. (c) Building Requirements. (1) Maximum Principal Building Height. Thirty-five (35) feet. (2) Maximum Accessory Building Height. 15 feet or 60% of the principal dwelling unit height, whichever is greater

19 (3) Minimum Dwelling - Unit Floor Space. One thousand five hundred (1,500) square feet on any one floor level. (4) Minimum Principal Building Width. Twenty-four (24) feet. (d) Yards. (1) Front. Minimum thirty (30) feet. (2) Rear. Minimum forty (40) feet. (3) Side. Minimum twenty (20) feet. (4) Maximum Lot Coverage of all Buildings shall not exceed 30%. (e) Off-Street Parking Required. (1) Minimum two (2) spaces per family. (f) Tree Plantings. (1) All trees planted after February 1, 2004, shall be set back a minimum of six (6) feet from the public right-of-way line. SEC R-2 SINGLE-FAMILY RESIDENTIAL DISTRICT. (Master Plan Reference: Single Family Residential) (a) Permitted Uses. The R-2 District is intended to provide a quiet, pleasant and relatively spacious living area protected from traffic hazards and intrusion of incompatible land uses. The following uses are permitted: (1) Single family dwellings. (2) Any use permitted in the R-1 District. (3) Telephone and utility buildings, exchanges, and lines and transformer stations, excepting service garages and storage yards, and excepting microwave radio relay structures. (4) Conversions of existing dwellings to two-family dwellings after approval and recommendation of the Plan Commission, the holding of a public hearing thereon, notice of which shall be published as a Class 1 notice, and upon approval of the Common Council. (5) Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create a public or private nuisance. (b) Lot Requirements

20 (1) Width. Minimum eighty (80) feet. (2) Area. Minimum ten thousand (10,000) square feet for one-family; six thousand (6,000) square feet per unit for a two-family. (c) Building Requirements. (1) Maximum Principal Building Height. Thirty-five (35) feet. (2) Maximum Accessory Building Height. 15 feet or 60% of the principal dwelling unit height, whichever is greater. (3) Minimum Dwelling- Unit Floor Space. One thousand one hundred (1,100) square feet on any one floor for one-family; eight hundred (800) square feet per dwelling unit for two-family. (4) Minimum Principal Building Width. Twenty-four (24) feet. (d) Yards. (1) Front. Minimum thirty (30) feet. (2) Rear. Minimum twenty-five (25) feet. (3) Side Yards. Each side, principal building: Minimum nine (9) feet. Each side, accessory building: Minimum three (3) feet. (4) Maximum Lot Coverage of all Buildings shall not exceed 50%. (e) Off-Street Parking Required. (1) Residential. Minimum two (2) spaces per family. (2) Places of Public Gathering. Minimum one (1) per five (5) seats. (f) Tree Plantings. (1) All trees planted after February 1, 2004, shall be set back a minimum of six (6) feet from the public right-of-way line. SEC R-3 TWO-FAMILY RESIDENTIAL DISTRICT. (Master Plan Reference: Two Family/Townhouse Residential) 13-20

21 (a) Permitted Uses. The R-3 District is intended to provide living area that is pleasant but not as spacious as the R-2 District for two-family duplex housing. The following uses are permitted: (1) Any use permitted in the R-2 District. (2) Two-family dwellings. (In newly platted subdivisions 50% of lots zoned R-3 shall be corner lots with each unit fronting on a different street.) (3) Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create a public or private nuisance. (b) Lot Requirements. (1) Width. Minimum one hundred (100) feet. (2) Area. Minimum twelve thousand (12,000) square feet. (c) Building Requirements. (1) Maximum Principal Building Height. Thirty-five (35) feet. (2) Maximum Accessory Building Height. 15 feet or 60% of the principal dwelling unit height, whichever is greater. (3) Minimum Dwelling Unit Floor Space. Eight hundred (800) square feet for two-family dwelling; one thousand one hundred (1,100) square feet on any one floor for single family dwelling. (4) Minimum Principal Building Width. Twenty-four (24) feet. (d) Yards. (1) Front. Minimum thirty (30) feet. (2) Rear. Minimum twenty-five (25) feet. (3) Side. Minimum fifteen (15) feet. (4) Maximum Lot Coverage for all Buildings shall not exceed 50%. (e) Off-Street Parking Required. (1) Minimum two (2) spaces per family. (f) Tree Plantings. (1) All trees planted after February 1, 2004, shall be set back a minimum of six (6) feet from the public right-of-way line

22 SEC R-4 MULTI-FAMILY RESIDENTIAL DISTRICT. (Master Plan Reference: Mixed Residential) (a) Permitted Uses. The R-4 District is intended to provide a living area that is pleasant, but not as spacious as the R-3 District. The following uses are permitted: (1) Any use permitted in the R-3 District. (2) Multiple family dwellings. (3) Boarding and rooming houses where meals or lodging are provided for not more than six (6) persons not members of the family. (4) Hospitals, excepting animal hospitals; medical and dental clinics. (5) Private garage and accessory buildings and uses customarily incident to the above uses. (b) Conditional Uses. The following uses are conditional uses pursuant to Article E: (1) Charitable institutions; (2) Correctional institutions; (3) Remedial institutions and treatment centers; (4) Rest homes; (5) Convalescent homes; (6) Private non-profit clubs and lodges. (c) Lot Requirements. (1) Width. Minimum one hundred twenty-five (125) feet. (2) Minimum Lot Area Per Family. a. Ten thousand (10,000) square feet for a one (1) family dwelling unit. b. Six thousand (6,000) square feet per unit for the first two (2) dwelling units of each building, and in addition thereto, four thousand (4,000) square feet per unit for each unit in excess of two (2) dwelling units located within each structure upon a lot or parcel. Each building shall be considered separately for purposes of density computation. Multi-family residential dwellings shall not exceed 12 dwelling units for each building structure located upon a lot or parcel

23 c. In determining such required minimum square feet per dwelling unit, all that area of such lot or parcel which shall be included in a wetland area as determined by the Plan Commission shall be considered at the rate of fifty percent (50%) of such wetland area, but in no event shall any lands determined to be wetlands permit the construction of greater than eight (8) additional dwelling units upon any lot or parcel. d. Assisted living and nursing home facilities shall require a minimum of 2,000 square feet for each living unit. (d) Building Requirements. (1) Maximum Principal Building Height. Forty-five (45) feet. (2) Maximum Accessory Building Height. Twenty (20) feet. (3) Minimum Dwelling Unit Floor Space. One thousand one hundred (1,100) square feet for one-family; eight hundred (800) square feet per dwelling unit for two-family; six hundred (600) square feet average per dwelling unit for greater than two-family (exterior measure). (4) Multiple Building Placement. Each principal building on a single lot shall maintain the minimum front yard, rear yard, and side yard requirement as established herein. Each such building shall be so placed upon such lot so as to maintain such minimum lot requirements unto itself. (5) Minimum Principal Building Width. Twenty-four (24) feet. (e) Yards. (1) Front. Minimum thirty (30) feet. (2) Rear. Minimum twenty-five (25) feet. (2a) Rear Yards Adjoining or Adjacent to R-1, R-2, or R-3 Districts. Minimum forty (40) feet (3) Side Yards, Each Side, Principal Building. Minimum fifteen (15) feet. (4) Side Yards, Each Side, Accessory Buildings. Minimum three (3) feet. (5) Maximum Lot Coverage for all Buildings shall not exceed 50%

24 (f) Off-Street Parking Required. (1) Residential. Minimum two (2) per family and one (1) per two (2) boarders. (2) Places of Public Gathering. Minimum one (1) per five (5) seats. (g) Tree Plantings. (1) All trees planted after February 1, 2004, shall be set back a minimum of six (6) feet from the public right-of-way line. SEC PN - PLANNED NEIGHBORHOOD DISTRICT. (Master Plan Reference: Planned Neighborhood) (a) Permitted Uses. The Planned Neighborhood district shall permit a mix of Single-Family, Two-Family, Mixed Residential, Institutional, Neighborhood Office, Neighborhood Commercial, Park, and Open Space use. Permitted uses are those that are permitted in the matching zoning districts described elsewhere in this article. As a guide, the following distributions are suggested: Minimum 60% of dwelling units shall be contained in single family structures Maximum 20% of dwelling units shall be contained in two-family structures Maximum 20% of dwelling units shall be contained in multi-family structures Maximum 20% of land area shall be allowed as office or business use, excluding street right-of-way area for such computation. (b) Lot Requirements. The lot requirements for a particular lot will be identical to those provided for the zoning district which best resembles the proposed use of said lot. For example, a single-family residential use must meet the R-2 Single Family Residence District requirements; a multi-family residential use must meet the R-4 Multi-Family Residential District requirements, and so forth. (c) Building Requirements. Building requirements are those found in the section for the matching zone for a particular use. (d) Yards. Required yards are those as found in the section for a matching zone for a particular use

25 (e) Parking Requirements. All uses are required to have off-street parking in accordance with Section (f) Tree Plantings. (1) All trees planted after February 1, 2004, shall be set back a minimum of six (6) feet from the public right-of-way line. SEC REPEALED. SEC B-1 BUSINESS OR PROFESSIONAL OFFICES DISTRICT. (Master Plan Reference: Planned Office and Neighborhood Office/Neighborhood Business) (a) Permitted Uses. The B-1 District is intended to provide areas for limited business and professional needs of the community. The following uses are permitted: (1) Hotels including uses associated with such use that are located within the principal building. (2) Professional and business offices including offices and clinics for doctors and dentists; offices for real estate and insurance business, for architects, engineers, utilities, banks, and building and loan associations. (3) Indoor sales, maintenance, and service (including indoor restaurants not having drive-through food ordering or pick-up) not exceeding 10,000 square feet of floor space for each separate use. (4) Other uses similar to any of the above uses. (5) Accessory uses customarily incident to the above uses. (b) Conditional Uses. The following uses are permitted as conditional uses pursuant to Article E. (1) Fine Food Restaurants (Excluding fast-food/drive through/food ordering and pick-up) (2) Coffee Houses (3) Convention Centers (4) Theaters 13-25

26 (5) Indoor sales, maintenance, and service (Excluding any outside displays, equipment, or storage) (c) Lot Requirements. (1) Width. Minimum one-hundred (100) feet. (d) Building Requirements. (1) Maximum Principal Building Height. Sixty (60) feet. (2) Maximum Accessory Building Height. Twenty-five (25) feet. (3) Minimum Principal Building Width. Twenty-four (24) feet. (e) Yards. (1) Front. Minimum thirty (30) feet. (2) Rear. Minimum twenty-five (25) feet. (3) Side Yards: Each Side: Principal Building. Minimum ten (10) feet. (4) Maximum Lot Coverage for all Buildings shall not exceed 50%. (5) Pavement shall be a minimum of fifteen (15) feet from the front lot line and ten (10) feet from all other lot lines. (f) Off-Street Parking Required. (1) Places of Public Gathering. Minimum one (1) per five (5) seats. (2) Business. Minimum one (1) per two hundred (200) square feet of gross floor space. (g) Tree Plantings. (1) All trees planted after February 1, 2004, shall be set back a minimum of six (6) feet from the public right-of-way line. SEC B-2 GENERAL BUSINESS DISTRICT. (Master Plan Reference: General Business) (a) Permitted Uses. The B-2 District is intended to provide areas for the less restricted business needs of the community than in the B-1 District. The following uses are permitted: (1) Any use permitted in the B-1 District. (2) Post offices. (3) General business and commercial uses which do not generate noise, smoke or odors that would create a public or private nuisance. These uses generally include: 13-26

27 a. Mercantile business establishments including groceries, meat markets, drug stores, hardware stores, and clothing stores. b. Hotels, motels, taverns, and restaurants. c. Places of amusement; theaters. d. Personal service; automobile service, sales, and storage; and equipment service establishments. e. (Repealed) f. Bus depots. g. Uses customarily incident to any of the above uses. (4) Any use permitted in the R-4 District. (b) Lot Requirements. (1) Width. No minimum. (2) Lot Area Per Family. Minimum ten thousand (10,000) square feet for one-family; six thousand (6,000) square feet per unit for two-family; four thousand (4,000) square feet per unit for more than two-family. Multi-family residential dwellings shall not exceed 12 dwelling units for each building structure located upon a lot or parcel. (c) Building Requirements. (1) Maximum Principal Building Height. Forty-five (45) feet. (2) Maximum Accessory Building Height. Twenty-five (25) feet. (3) Minimum Principal Building Width. Twenty-four (24) feet. (d) Yards. (1) Front. No minimum. (2) Rear. No minimum. (3) Side Yards, Each Side, Principal and Accessory Buildings. No minimum, except as required by the Building Code. (e) (f) Parking Requirements. All uses are required to have off-street parking in accordance with Section Tree Plantings

28 (1) All trees planted after February 1, 2004, shall be set back a minimum of six (6) feet from the public right-of-way line. SEC CB CENTRAL BUSINESS DISTRICT. (Master Plan Reference: Central Mixed Business) (a) Permitted Uses. The CB Central Business District is intended to provide a suitable business environment for the main downtown business area of the city. Any reference to the B-2 General Business District in this code shall also apply to this CB Central Business District. The following uses are permitted: (1) Any use permitted in the B-2 Districts, excepting however that residential dwelling units other than those located in a hotel or motel are allowed only above the ground floor and not at grade, unless authorized by Conditional Use Permit (b) Lot Requirements. (1) Width. No minimum. (2) Lot Area Per Family. Same as for B-2 District. (c) Building Requirements. (1) Maximum Principal Building Height. Forty-five (45) feet. (2) Maximum Accessory Building Height. Twenty-five (25) feet. (3) Minimum Principal Building Width. Twenty-four (24) feet. (d) Yards. (1) Front. No minimum. (2) Rear. No minimum. (3) Side Yards, Each Side, Principal and Accessory Buildings. No minimum, except as required by the Building Code. (e) Off-Street Parking Required. All uses are required to have off-street parking in accordance with Section (f) Tree Plantings. (1) All trees planted after February 1, 2004, shall be set back a minimum of six (6) feet from the public right-of-way line. SEC B-3 HIGHWAY BUSINESS DISTRICT. (Master Plan Reference: Planned Business) 13-28